Selection Fields
Legislative Intent
42 Pa. Code § 4501. Declaration of policy.
It is the policy of this Commonwealth that:
(1) All persons entitled to a jury trial in a civil action or criminal proceeding shall have the right to jurors selected at random from a representative cross section of the eligible population of the county.
(2) All qualified citizens shall have the opportunity to be considered for service as jurors in the courts of this Commonwealth and shall have an obligation to serve as jurors when summoned for that purpose.
(3) A citizen shall not be excluded from service as a juror on the basis of race, color, religion, sex, national origin or economic status.
Definitions
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Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
42 Pa CS § 4521. Selection of prospective jurors.
(a) Preparation of master list of prospective jurors.
(1) At least annually the jury selection commission shall prepare a master list of prospective jurors that shall contain the most recent available address for prospective jurors.
(2) The list shall also contain all voter registration lists for the county, which lists may be incorporated by reference, or names from such other lists which in the opinion of the commission will provide a number of names of prospective jurors which is equal to or greater than the number of names contained in the voter registration list.
(3) The commission may, but will not be required to, supplement the master list of prospective jurors to include, without being limited to, persons in any of the following categories:
(i) Persons listed in telephone, city, municipal directories and similar directories.
(ii) Persons in the county participating in any State, county or local program authorized by law and, to the extent such names are available, persons participating in any Federal program authorized by law.
(iii) Persons who are on school census lists.
(iv) Any other person whose name does not appear in the master list of prospective jurors and who meets the qualifications for jurors set forth in this chapter and who makes application to the commission to be listed on the master list of prospective jurors.
(v) Persons who appear on the list provided to the county pursuant to section 4521.1 (relating to Statewide jury information system) may be used to supplement or substitute the master jury list.
(b) Maintenance of and access to master list of prospective jurors. — The group of names compiled as set forth in subsection (a) shall constitute the master list of prospective jurors. The list shall be open to the public for inspection.
(c) Selection of names for jury service. — At least once each year the commission shall select at random from the master list of prospective jurors the number of names designated by the president judge pursuant to court orders issued under section 4531 (relating to issuance of court orders for jurors).
(d) Juror qualification form.
(1) The commission may mail to each person whose name has been selected in the manner set forth in subsection (c) a juror qualification form devised by the commission in such manner that the commission may determine from the answers to the questions on the form whether or not the prospective juror is qualified. The questions asked in such juror qualification form shall be limited to matters reasonably calculated to permit a determination of the person’s qualifications to serve as a juror.
(2) The juror qualification form shall be executed by the prospective juror and shall plainly and conspicuously state thereon that its execution is subject to the penalty for perjury. If the person is unable to fill out the form, another person may fill it out for him, indicate that he has done so, and the reason therefor. The prospective juror shall mail or deliver the completed form to the commission.
(3) If the form does not appear to be properly executed, the commission shall return the form to the prospective juror with instructions to make such additions or corrections as may be necessary and return it to the commission within the time specified.
(4) Any person who fails to return the juror qualification form as directed may be summoned by the commission to appear at the offices of the commission to fill out a juror qualification form or to resolve any ambiguity contained therein.
(e) Selection in certain counties. — In those counties which do not use the juror qualification form as provided for in subsection (d), the selection of persons for jury service shall be made in accordance with section 4524 (relating to selection of jurors for service) and provision shall be made for the collection of information with the summons in order to comply with sections 4502 (relating to qualifications of jurors) and 4503 (relating to exemptions from jury duty).
(f) Compelling compliance with section. — On application by the commission, the court shall compel compliance with subsections (a)(2), (3) and (4) and (d). Officials of political subdivisions and Commonwealth officials having custody, possession or control of lists of names described in this section shall, upon request of the commission, make such lists available to the commission for inspection, reproduction and copying but shall not be required or permitted to:
(1) provide the commission with information other than the name, mailing address and municipality of residence of such person; or
(2) provide the commission with or otherwise disclose records or information which the Attorney General by regulation determines to be privileged from disclosure.
History
42 Pa. Code § 4521.1. Statewide jury information system.
(a) General rule. — Notwithstanding any prohibition found in any other law, regulation or rule to the contrary, the following departments shall submit to the Court Administrator of Pennsylvania, in a format provided herein, a list of individuals as designated for that department to be included in a Statewide jury information system on or before October 31 of each year:
(1) The Department of Public Welfare — every individual resident in this Commonwealth who receives cash assistance or food stamps pursuant to a Federal or State program through the department except as prohibited by Federal law or regulation.
(2) The Department of Transportation — every individual resident in this Commonwealth who has been issued a driver’s license pursuant to 75 Pa.C.S. Ch. 15 (relating to licensing of drivers).
(3) The Department of Revenue — every individual resident who files a return for the payment of taxes imposed by the Commonwealth under Article III of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
(4) The Department of State — every individual resident who is listed as a registered voter under 25 Pa.C.S. Pt. IV (relating to voter registration).
(b) Identifying information. — Each list submitted by a department pursuant to subsection (a) shall contain only the following identifying information, if available, of an individual to be included in the Statewide jury information system:
(1) Name, including first, middle and last names, including any suffixes.
(2) Except as provided in 23 Pa.C.S. Ch. 67 (relating to domestic and sexual violence victim address confidentiality), each individual’s street address, municipality and zip code.
(3) Date of birth.
(4) The last four digits of the individual’s Social Security number.
(c) Duties of Court Administrator. — The Court Administrator of Pennsylvania shall annually collect information for creation of a Statewide jury information system. This shall be completed by:
(1) Collecting the names from the departments as submitted under subsection (a).
(2) Combining each individual department list submitted into a master list.
(3) Removing any information that identifies the source of the information submitted pursuant to subsection (a).
(4) Assembling the names into groups arranged by the county of residence for each individual on the master list.
(5) Removing duplicate names from each county list.
(d) Dissemination.
(1) Upon request from the jury selection commission of the county, the Court Administrator of Pennsylvania shall make available to the requesting county the list of names for that county from the Statewide jury information system. In providing the information, the Court Administrator of Pennsylvania shall only provide the name, address and date of birth of each individual on the list being provided. All other identifying information shall be removed from any list made available pursuant to the request. Under no circumstances may the Court Administrator of Pennsylvania include any other identifying information.
(2) Upon request from the Clerk of Court for a United States District Court, the Court Administrator shall make available to the requesting Clerk of Court the list of names for the counties comprising the district within the jurisdiction of the requesting court from the Statewide jury information system. In providing the information, the Court Administrator shall only provide the name, address and date of birth of each individual on the list being provided. All other identifying information shall be removed from any list made available pursuant to the request. Under no circumstances may the Court Administrator include any other identifying information.
(e) Restrictions on use of information. — Information provided by the departments to the Court Administrator of Pennsylvania shall be provided by agreement executed by the appropriate authorities. The agreement shall include, but not be limited to, the following conditions:
(1) Information required pursuant to this section will be provided only in an electronic form as determined by the Court Administrator of Pennsylvania.
(2) The information provided shall be used only for the purpose provided in this section and for no other purpose.
(3) Except for the purpose of internal review and compliance by the Court Administrator of Pennsylvania, no lists may be printed from the information submitted, created or produced under this section.
(4) Except as provided in section 4521(b) (relating to selection of prospective jurors), any rerelease of the information provided pursuant to this section is strictly prohibited.
(5) The Statewide jury information system and any list provided by the Court Administrator of Pennsylvania to the county jury selection commission pursuant to this section may not reveal the source of names on that list or indicate in any way the source of the names submitted pursuant to subsection (a).
(6) Except as provided in section 4521(b), nothing submitted, created or produced under this section shall constitute a public document, nor shall it be subject to release or disclosure under the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, or any other similar rule, enactment or decision.
History
Drawing of juror names from list
42 Pa. Code § 4522. List of qualified jurors.
After receipt of the juror qualification forms as provided in section 4521(d) (relating to selection of prospective jurors), the jury selection commission shall determine whether or not those individuals returning the forms are qualified for jury service, as provided in section 4502 (relating to qualifications of jurors). The names of qualified persons compiled as set forth in this section shall constitute the list of persons who are qualified to serve as jurors and shall be open for public inspection.
History
42 Pa. Code § 4524. Selection of jurors for service.
Except as otherwise provided in section 4525 (relating to equipment used for selection of jurors), the jury selection commission shall maintain a master list or jury wheel and shall place therein the names of persons included on the list of qualified jurors. Upon receipt of a court order pursuant to section 4531 (relating to issuance of court orders for jurors), the commission shall publicly select at random from the master list or jury wheel such number of names of persons as may be required to be summoned for assignment to jury arrays. A separate list of names and addresses of persons assigned to each jury array shall be prepared and made available for public inspection at the offices of the commission no later than 30 days prior to the first date on which the array is to serve.
42 Pa. Code § 4525. Equipment used for selection of jurors.
The jury selection commission is authorized, but not required, to use mechanical or electro-mechanical devices or business machines in the random selection, drawing, investigating, summoning and listing of jurors.
Procedure for Summoning Jurors
42 Pa. Code § 4532. Summoning persons to serve as jurors.
Persons who have been selected for service as jurors shall be summoned to serve in a manner determined by the jury selection commission with the conc
42 Pa. Code § 4531. Issuance of court orders for jurors.
Court orders directing the jury selection commission to select an array of jurors shall be issued in the form prescribed by general rules or rule of court.
Prohibition of Discrimination Against Jurors
42 Pa. Consol. § 4501. Declaration of policy.
It is the policy of this Commonwealth that:
(1) All persons entitled to a jury trial in a civil action or criminal proceeding shall have the right to jurors selected at random from a representative cross section of the eligible population of the county.
(2) All qualified citizens shall have the opportunity to be considered for service as jurors in the courts of this Commonwealth and shall have an obligation to serve as jurors when summoned for that purpose.
(3) A citizen shall not be excluded from service as a juror on the basis of race, color, religion, sex, national origin or economic status.
Qualifications
42 Pa. Code § 4502. Qualifications of jurors.
(a) General rule. — Every citizen of this Commonwealth who is of the required minimum age for voting for State or local officials and who resides in the county shall be qualified to serve as a juror therein unless such citizen:
(1) is unable to read, write, speak and understand the English language;
(2) is incapable, by reason of mental or physical infirmity, to render efficient jury service; or
(3) has been convicted of a crime punishable by imprisonment for more than one year and has not been granted a pardon or amnesty therefor.
(b) Definition. — For purposes of this section, “convicted of a crime punishable by imprisonment for more than one year" does not include a conviction for any offense under or violation of the former act of May 1, 1929 (P.L.905, No.403), known as The Vehicle Code, or the former act of April 29, 1959 (P.L.58, No.32), known as The Vehicle Code, which offense or violation, if it had been committed after July 1, 1977:
(1) would have been substantially similar to an offense currently graded as a summary offense under 75 Pa.C.S. (relating to vehicles); or
(2) would not have been a violation of law.
Disqualifications
42 Pa. Code § 4523. List of disqualified jurors.
(a) Maintenance of list. — The jury selection commission shall create and maintain a list of names of all prospective jurors who have been disqualified and the reasons for their disqualification. The list shall be open for public inspection.
(b) Relatives of criminal homicide victims. — Any persons who are exempt or excused from jury duty under section 4503(a)(4) (relating to exemptions from jury duty) may petition the jury selection commission to have their names placed on the list of disqualified jurors. Any persons so placed on the list may, at any time, petition for removal of their names from the list unless they are otherwise disqualified under section 4502 (relating to qualifications of jurors).
Excusal or Exemptions
42 Pa. Code § 4503. Exemptions from jury duty.
(a) General rule. — No person shall be exempt or excused from jury duty except the following:
(1) Persons in active service of the armed forces of the United States or of the Commonwealth of Pennsylvania.
(2) Persons who have served within three years next preceding on any jury except a person who served as a juror for fewer than three days in any one year in which case the exemption period shall be one year.
(3) Persons demonstrating to the court undue hardship or extreme inconvenience may be excused permanently or for such period as the court determines is necessary, and if excused for a limited period shall, at the end of the period, be assigned to the next jury array.
(4) Spouses, children, siblings, parents, grandparents and grandchildren of victims of criminal homicide under 18 Pa.C.S. § 2501 (relating to criminal homicide).
(5) Persons who have previously served for a term of 18 months on a Statewide investigating grand jury, including any extensions thereof, who opt not to serve.
(6) Persons 75 years of age or older who request to be excused.
(7) Judges and magisterial district judges of the Commonwealth and judges of the United States as defined in 28 U.S.C. § 451 (relating to definitions).
(8) Breastfeeding women who request to be excused.
(b) Challenges. — This subchapter shall not affect the existing practice with respect to peremptory challenges and challenges for cause.
Limited Frequency of Jury Service
N/A
Who handles excusals is prescribed?
42 Pa. Consol. § 4523. List of disqualified jurors.
(a) Maintenance of list. — The jury selection commission shall create and maintain a list of names of all prospective jurors who have been disqualified and the reasons for their disqualification. The list shall be open for public inspection.
(b) Relatives of criminal homicide victims. — Any persons who are exempt or excused from jury duty under section 4503(a)(4) (relating to exemptions from jury duty) may petition the jury selection commission to have their names placed on the list of disqualified jurors. Any persons so placed on the list may, at any time, petition for removal of their names from the list unless they are otherwise disqualified under section 4502 (relating to qualifications of jurors).
Deferral/Postponement of jury service allowed
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Number of petit jurors for jury trial is prescribed?
N/A
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